Hello, my name is XXXXX XXXXX I will be assisting you today.
Once a person has retained an attorney, the opposing attorney is no longer permitted to have contact with the represented individual. Your attorney should provide you with copies of everything of which he is served.
May I ask why you are resistant to having papers served to your attorney?
Customer: I am not,I was told that's where they should be sent!
You were given correct information. Once a person has retained an attorney, it is unethical for opposing counsel to communicate directly with a represented party. All communications, including the service of papers goes through the attorneys; and, attorneys are responsible for accepting service unless and until they withdraw as counsel.
Customer: My attorney told
Customer: My attorney told me intends to withdraw on April 14,could it be him?
Are you asking if your attorney can still accept service until April 14?
Customer: No,I am wondering if it could be my own attorney making it official that he notified
Yes, your attorney is permitted to make it official that you were served by preparing and completing a "Certificate of Service", which states the date, manner and the address at which you were served.
Customer: He said that opposing counsel had filed two motions that opposing counell filed motion to enforce ,and
Customer: Motion for court to evaluate my
Since your attorney is planning on withdrawing, you should request that your attorney send you copies of both motions immediately.
Customer: Opposi ng counsel filed 2 motions , to enforce and for court to check mentall health and he would be requesting to withdraw ! He said we needed to talk before April 14 so he could explain what they meant! He never mentioned he was going to serve me! Is it poss.he just forgot to tell me that he was going to serve me?
I apologize, I am confused as to what information you are actually looking to obtain. I cannot tell you whether your attorney forgot to tell you if he was going to serve you. But as I started earlier, your attorney is required to accept service on your behalf for as long as he is representing you. Your attorney is also responsible for keeping you informed of the progress and status of your case, which includes making you aware and providing you of copies of Motions which opposing counsel files.
If your attorney if going to withdraw, he is required to provide you notice of his motion to withdraw which will provide you notice of the date on which the motion will be heard.
Customer: Yes,I understand that? Is it typical to inform a client by serving him? He sent
Customer: A text and left a voice
Yes it is very typical to inform a client by serving him. However, a text message and a voice mail do not typically constitute service. You need to be served with copies of the Motions.
Customer: Message, is it typical to serve a client also,so the client can't deny being. Notified?
It is typical for an attorney to serve his/her won client so the client can't deny being notified. It is not typical for opposing counsel, who knows a party is represented, to also serve the party, as that can be considered having communications with the opposing party, which is unethical.
Customer: That is what I was looking for! Thank you,sounds like he just forgot!